The appellant was convicted on a charge of rape by the Regional Magistrate sitting at Harare. The allegation against him was that on 23 January 2008 at No. 24 Coronation Avenue, Greendale, Harare, he unlawfully had sexual intercourse with the complainant without her consent. Upon conviction he was sentenced to 17 years imprisonment of which 4 years was conditionally suspended. He now appeals against both conviction and sentence. More
The Senior Regional Magistrate for the Eastern Division has referred this matter to the Registrar for review and guidance.
The facts of the matter, briefly stated, are as follows. On 19 March 2010, the five accused persons went to the complainant’s homestead in Marufu Village, Mhondoro. They met the complainant’s son and told him that they had come to remove the complainant from his home. They claimed to be acting on the strength of a letter written by the local chief coupled with instructions from the police. They then forcibly entered the premises and proceeded to remove all the property... More
The accused is charged with one count of murder and another count of attempted murder as respectively defined in s 47 and s 189 as read with s 47 of the Criminal law (Codification and Reform) Act [Chapter 9:23). The indictment in count 1 alleged that on 4 February, 2008 and at Makalanga Farm, Mazowe, the accused acting with intent to kill unlawfully shot the deceased Innocent Numwitike with a 303 rifle on the back andchest causing injuries which resulted in the shot victim’s death. In count 2 it is alleged that on the same date and place and using... More
On the 7th of September 2022 and at Chipunza Street Rimuka, Kadoma, it is alleged that the accused acting in common purpose with his accomplices still at large stabbed Ian Mharadze using an unidentified weapon with intent to cause his death or realizing that death may result but persisted in their conduct. Ian Mharadze subsequently succumbed to the injuries he sustained. More
: The common cause facts resulting in the arraignment of the accused are that, on the 28th of March 2024 on the night of the murder, the accused visited the crime scene, Dandy 59 Mine, Kadoma, where the key State witness and his wife resided. He arrived after the deceased, Calisto Mutami, and his two friends had already arrived at this residence. The owner of the residence, Ntonio Yotamu, knew both the accused and the deceased, as both were artisanal miners at Inezdale Village. Yotamu was the holder of some mining rights, and his mining compound was his home and... More
This matter proceeded on a statement of agreed facts after the accused pleaded guilty to a lesser charge and permissible verdict of culpable homicide. That limited plea was accepted by Mr E. Mbavarira for the state. Further, the facts also show that the concession by the state is well made. A charge of murder as defined in s 47(1) of the Criminal Law (Codification and Reform) Act cannot be sustained in the circumstances.
The 49 year old now deceased was an uncle to the 29 year old accused. They both resided in the same village being Chavani Village, Chief Neshuro,... More
The accused was charged with one count of assault as defined in terms s 89 (1) (a) of the Criminal Code [Chapter 9:23] and another count of unlawful entry as defined in s 131 of the same code. In the first count it was alleged that on 6 July 2015 at Chiradzine Shop. Deda Business Centre, Rusape, the accused unlawfully assaulted the complainant, Tafara Maparura on the left hand with a pool stick and head butted him thereby causing injuries to the complainant. In the second count, it was alleged that on the same date and place, the accused unlawfully... More
The accused is facing a charge of murder as defined in s 47(1) of the Criminal Law Codification and Reform Act [Chapter 9:23] (The Criminal Law Code). It is alleged that on 17 May 2022 and at Chaira Village, Chief Musarurwa, Masasa in Chivhu, he murdered one Gibson Mawire by assaulting him several times all over his body and throwing him into a well. The accused pleaded not guilty to the charge. More
The accused is charged with the murder of his brother. The State’s case is that on the 20th of October 2015, the deceased arrived home and pelted stones towards the accused’s room alleging that the accused had stolen cash from him. The deceased demanded that the accused should leave the residence. The accused is said to have emerged from his room armed with a hoe and struck the deceased indiscriminately with it causing injuries on the deceased’s back, arm and head from which he had died. More
The accused was, on his own plea of guilty, convicted of unlawful possession of dagga as defined in s 157 of the Criminal Law (Codification and Reform) Act, [Cap 9:23].
The facts placed before the court a quo are:
“1 . ….
2. Accused person is a male adult who resides at Dzitiro village, Chief Muusha, Changadzi and not employed.
3. On the 4th day of April 2010 at about 1000 hours, police details manning a roadblock at Chiriga turnoff, Chipinge stopped a motor vehicle which was ferrying passengers to Chipinge town and a search was conducted resulting in accused... More
The 2 accused are charged with two counts of murder as defined in section 47(1) of the Criminal Law (Codification and Reform) Act, Chapter 9:23. They pleaded not guilty to both counts. The state alleges that on 28 January 2022 the two accused had a misunderstanding with the now 2 deceased, Nqaba and Kelvin Ndlovu. Accused 1 then produced a Colombia knife and stabbed deceased one on the back. The now deceased staggered and fell to the ground. Accused 2 stomped on his body whilst the now deceased lay on the ground bleeding. The two accused thereafter charged at deceased... More
This matter came before me on automatic review from the Regional Magistrates Court. The accused was charged with 2 counts as follows count (1) contravening s 65 of the Criminal Law (Codification & Reform) Act [Chapter 9:23] i.e. to say rape (ii). Contravention of s 70 of the Criminal Law (Codification & Reform) Act [Chapter 9:23] i.e. having sexual intercourse with a young person. Accused pleaded guilty to both counts which the court recorded to have been accepted in terms of s 271(2)(b) which although not recorded has come to be a reference to the Criminal Procedure & Evidence Act... More
On 26 January I delivered a brief ex tempore judgement dismissing applicant’s quest to be released on bail pending his trial on a murder charge (i.e. contravening section 47 (1) of Criminal Law (Codification and Reform) Act, [Chapter 9:23]). A request was subsequently made for me to furnish the reasons informing that decision,which I now proceed to do. No oral submissions were made by the parties and the application was decided solely on the papers filed by the parties in support of their respective positions. This followed the provisions of Practice Direction 02/21 permitting such procedure. The said Practice Direction... More
The deceased Malunga aged twenty-seven years suffered one of the most vicious, atrocious and brutal deaths at the hands of the accused person and two of his accomplices now at large. His most pivotal vital organs the heart and the lungs were lacerated. More
